In a writ petition, the High Court allowed the petitioner's request to withdraw the petition with liberty to file a fresh one due to new allegations of shielding an accused and incomplete investigation not present in the original filing.
Writ Petition dismissed as withdrawn with liberty to file a fresh petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
8.wp.26.12.doc
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 26 OF 2012
Sunil Kumar Nandpal.
Versus
....Petitioner
The State of Maharashtra and others.
....Respondents
____________
Mr. Himanshu Kode for the Petitioner.
Mrs. P. H. Kantharia, APP for the Respondent-State.
CORAM: S. C. DHARMADHIKARI &
G. S. PATEL, J.J.
DATED : SEPTEMBER 25, 2013.
P.C.:
At the request of the Petitioner and since he has engaged
Mr. H. V. Kode as a Advocate, Mr. A. M. Saraogi, who has consented to
the Vakalatnama of Mr. Kode being filed, stands discharged as an
Advocate of the Petitioner.
2.During the course of his arguments and, essentially, that the
prosecution is shielding a prime accused , we enquired from Mr. Kode as
to where this allegation has been made either in the Writ Petition or in
any of the affidavits, Mr. Kode, on instructions, states that there are
certain facts which have come to the knowledge of the Petitioner now
based on which he has voice this apprehension. He would like, therefore,
to withdraw this Writ Petition and file a fresh Writ Petition.
3.Mr. Kode, therefore, prays leave to withdraw this Writ
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8.wp.26.12.doc
Shephali
Petition with liberty to file a fresh Petition.
4.We are making it clear that since the Petitioner’s Advocate
has stated that the prime accused is being shielded and an incomplete,
unfair and improper investigation is carried out till date and, all such
allegations would be substantiated by filing fresh petition, that we are
acceding to the request of Mr. Kode. The present Petition is incomplete
and does not contain adequate material and when we expressed this
opinion that the Petitioner’s Advocate sought this leave.
5. Writ Petition is dismissed as withdrawn with liberty as prayed.
(G. S. PATEL, J.) (S. C. DHARMADHIKARI, J.)
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1 issue framed by the court
Whether to allow the withdrawal of the writ petition.
Sunil Kumar Nandpal
The State of Maharashtra
G. S. PATEL
S. C. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court